State Legislation

AACS State Update

Aug 23, 2016

The penultimate week of August finds only two state legislatures – Alabama and California – in session. Alabama Governor Robert Bentley (R) called a special legislative session last week to establish a state lottery in order to address the state’s chronic budget woes. The Senate narrowly approved a lottery bill on Friday which could be on the House floor as soon a Wednesday to garner the required three-fifths majority to amend the state constitution. If approved by the legislature, a special election will be held – most likely in 2017 – as a majority of voters must also approve a change to the constitution.

In California, the Senate Appropriations Committee voted 7 to 0 last week to send AB2025 as amended to the Senate floor. As currently drafted, the measure would require the Board of Barbering and Cosmetology (BBC) to offer and make available all written materials provided to licensees and applicants in English, Spanish, Vietnamese and Korean. It also requires the BBC to develop a health and safety class on “hazardous substances and basic labor laws” to be taught in Board-approved schools on and after July 1, 2017. The bill further states, “course development shall include pilot testing of the course and training classes to prepare instructors to effectively use the course.”

The full Senate unanimously approved AB 2125 last week sending the bill back to the Assembly for a concurrence vote. This measure requires the California Department of Toxic Substances Control (DTSC), by January 1, 2018, to publish guidelines for healthy nail salon recognition (HNSR) programs which will be voluntarily implemented at the local level.

SB 2437 was also approved by the Senate 26 to 13 with all of the chamber’s Republicans voting against the bill. As previously reported, the bill requires the state’s Labor Commissioner, on or before June 1, 2017, to develop a model notice “pertaining to the workplace rights and wage and hour laws for employees of establishments licensed under the Barbering and Cosmetology Act.” The notice required by the bill, at a minimum, must include information on the following: misclassification of an employee as an independent contractor; wage and hour laws, including, but not limited to, minimum wage, overtime compensation, meal periods, and rest periods; tip or gratuity distribution; how to report violations of the law; business expense reimbursement, and; protection from retaliation. The bill is currently awaiting a concurrence vote in the Assembly.

Finally, the Senate cleared both SB 1044 and SB 896 for Governor Jerry Brown’s (D) signature on August 11th. As previously reported, SB 1044 requires the Board of Barbering and Cosmetology to determine by regulation when a fine is required to be assessed against both the holder of the establishment license and the individual licensee for the same violation. It also requires the board to determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an individual licensee for the same violation. In making these determinations, “the board shall consider the egregiousness of the violation of the health and safety regulations and whether the violation is a repeated violation by licensees within the same establishment.” SB 896 requires nail care establishments that accept credit/debit cards to also accept a credit/debit card tip.

In Illinois, Governor Bruce Rauner (R) signed HB 4264 into law on August 12th. The Act, effective January 1, 2017, requires cosmetologists, estheticians, hair braiders, and nail technicians to receive one hour of continuing education on domestic violence and sexual assault awareness for their initial licensure renewal. It also contains language limiting civil or criminal liability for licensees completing such training and his/her employer.

Last week, the State Relation’s Committee conducted a webinar sponsored by Great Clips reviewing state legislative and regulatory trends that may impact cosmetology and barbering schools in 2017 and beyond. Legislator outreach strategies that school owners and managers can implement this summer and fall in preparation for 2017 were also discussed.